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Actually, a very bad news for Tier 1 general holders

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Sep08T1Applicant
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Re: unpaid

Post by Sep08T1Applicant » Fri Apr 12, 2013 7:08 pm

hsmpilr wrote:What about unpaid leaves ? Are they all in trouble ?
to be very frank, yes it is a break in continuity as per reading responses from UKBA but still not too worry that much.
I think as far as I understood, people who actually started their ILR clock initially with HSMP they will be fine, focus is more on Tier 1 General over the period from start to end. Please wait and watch, wait for senior to comments or wait for people who submit their application on new form with un-paid holidays or only people on Tier 1 general throughout

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 12:36 am

Post by [iD] » Fri Apr 12, 2013 7:32 pm

Guys, don't stress yourself too much by reading the responses from UKBA. Unlike WP/T2, HSMP/T1 was never required to be working all year around so unpaid leave would never break continuity of your stay.

From experience I can tell you, don't read too much into UKBA's responses either, half the time people responding don't know their arses from their mouth.

Chill! (If you can) Just get letters from your employers detailing your holidays for the period you were employed and for the period you were unemployed or self employed, just write letters yourself.
Goodluck.

syed_ILR
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Posts: 186
Joined: Sun Mar 24, 2013 3:12 am

Post by syed_ILR » Fri Apr 12, 2013 7:40 pm

ilrdep wrote:Just wanted to update you that one of friend got approval from Solihull today with 60 days(Total) absence all were vaccation , no letters were asked.

Also want to inform that process in Solihull now changed (payment before Caseworker looks the case)

I think people missed this post!!

Great news ..

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 12:36 am

Post by [iD] » Fri Apr 12, 2013 7:44 pm

syed_ILR wrote:
ilrdep wrote:Just wanted to update you that one of friend got approval from Solihull today with 60 days(Total) absence all were vaccation , no letters were asked.

Also want to inform that process in Solihull now changed (payment before Caseworker looks the case)

I think people missed this post!!

Great news ..
Exactly what happened to my mate too. I think you guys are stressing too much.
Goodluck.

Wildjoecrazy
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Joined: Wed Feb 27, 2013 10:17 pm

ILR approved

Post by Wildjoecrazy » Fri Apr 12, 2013 10:29 pm

Hello

I would just like to share with everyone that I had my ILR approved! I only found out about the rule change on 5 April, which of course instantly set me off into panic mode, as I had very little time to gather any information or evidence and was not sure if I was eligible!

My situation is this:
HSMP 2008 - 2010
Tier 1 General 2010 - 2013

My work situation was:
3 years contracting under an umbrella company or on a temporary basis
2 years permanent job

I explained my absences in the following way in my cover letter:
- When I was under HSMP, I understood that under the immigration rules that I did not have to quantify my work related absences during this period according to rule 245 (c).
However I chose to explain these for purposes of demonstrating my employment in the uk over five years and if info required.
- I explained that when I was an employee of an umbrella company I took on work assignments on a contracting basis. Therefore there were times I was not in employment. I explained that my annual leave was paid out to my in my weekly wage which equated to the equivalent of x number of days paid leave, however I exceeded the x number of days per year. Additionally that the employer was unable to differentiate the difference between days off that were considered paid annual leave (or equivalent of) or times when I was not in employment. I explained that due to the nature of my employment I was able to negotiate leave during work assignments or take leave between work assignments, in which I decided to travel abroad for short holidays.

- for my permanent post, I asked the employer to write a letter explaining that they are unable to confirm my absences from the UK in relation to my approved leave as they are not required to ask this or record this. I stated in my cover letter that there is consistency between my approved annual leave and my absences.

- I had 230 days of absences and these were not all paid!

Evidence I submitted:
1. Employment statements
2. Contracts highlighting my annual leave entitlement and nature of my employment
3. Sample of payslips from contracting to demonstrate how my holiday pay was calculated
4. Cover letter explaining all of the above.

As Tier 1 you do not need to always be in employment. I think even if you are permanent you can take unpaid leave from work, as long as your intention is to return to the same job when you get back or look for other work.

Yash001
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Posts: 134
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Re: ILR approved

Post by Yash001 » Fri Apr 12, 2013 11:20 pm

Wildjoecrazy wrote:Hello

I would just like to share with everyone that I had my ILR approved! I only found out about the rule change on 5 April, which of course instantly set me off into panic mode, as I had very little time to gather any information or evidence and was not sure if I was eligible!

My situation is this:
HSMP 2008 - 2010
Tier 1 General 2010 - 2013

My work situation was:
3 years contracting under an umbrella company or on a temporary basis
2 years permanent job

I explained my absences in the following way in my cover letter:
- When I was under HSMP, I understood that under the immigration rules that I did not have to quantify my work related absences during this period according to rule 245 (c).
However I chose to explain these for purposes of demonstrating my employment in the uk over five years and if info required.
- I explained that when I was an employee of an umbrella company I took on work assignments on a contracting basis. Therefore there were times I was not in employment. I explained that my annual leave was paid out to my in my weekly wage which equated to the equivalent of x number of days paid leave, however I exceeded the x number of days per year. Additionally that the employer was unable to differentiate the difference between days off that were considered paid annual leave (or equivalent of) or times when I was not in employment. I explained that due to the nature of my employment I was able to negotiate leave during work assignments or take leave between work assignments, in which I decided to travel abroad for short holidays.

- for my permanent post, I asked the employer to write a letter explaining that they are unable to confirm my absences from the UK in relation to my approved leave as they are not required to ask this or record this. I stated in my cover letter that there is consistency between my approved annual leave and my absences.

- I had 230 days of absences and these were not all paid!

Evidence I submitted:
1. Employment statements
2. Contracts highlighting my annual leave entitlement and nature of my employment
3. Sample of payslips from contracting to demonstrate how my holiday pay was calculated
4. Cover letter explaining all of the above.

As Tier 1 you do not need to always be in employment. I think even if you are permanent you can take unpaid leave from work, as long as your intention is to return to the same job when you get back or look for other work.
Congratulations Wildjoecrazy!!!!....all those who were panicked by new rule will be bit relieved ...

letmec2006
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Post by letmec2006 » Sat Apr 13, 2013 5:14 am

Good news then, that's some more people getting approved with not having too many hassle with the AL. In all these panic mode, I forgot to think about my visa fees for us went up from £3444 to £4915!! :roll:

cruzez
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Post by cruzez » Sat Apr 13, 2013 8:57 am

Add misery to my already huge list of problems,,, this is another addition.

http://www.immigrationboards.com/viewtopic.php?p=808826

I will see how it goes on 1st May at croydon

Sep08T1Applicant
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Posts: 192
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Location: London
Mood:

Post by Sep08T1Applicant » Sat Apr 13, 2013 9:06 am

letmec2006 wrote:Good news then, that's some more people getting approved with not having too many hassle with the AL. In all these panic mode, I forgot to think about my visa fees for us went up from £3444 to £4915!! :roll:
Huge fees - yourself and 3 dependants, that is really painful :(. I have same number of dependants but I am going to apply for my wife and myself only as my both kids are born here hopefully we will apply for their passports once I will get ILR, if and only if :)

Wish you all the best mate

hsmpilr
Junior Member
Posts: 75
Joined: Mon Apr 01, 2013 12:31 pm

Post by hsmpilr » Sat Apr 13, 2013 10:56 am

Sep08T1Applicant wrote:
letmec2006 wrote:Good news then, that's some more people getting approved with not having too many hassle with the AL. In all these panic mode, I forgot to think about my visa fees for us went up from £3444 to £4915!! :roll:
Huge fees - yourself and 3 dependants, that is really painful :(. I have same number of dependants but I am going to apply for my wife and myself only as my both kids are born here hopefully we will apply for their passports once I will get ILR, if and only if :)
I confirm this. This has happend to one of my mate here. He and his wife applied for ILR and once they got it they applied for their son who got his Biritsh passport directly.

sheraz_aries
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Post by sheraz_aries » Sat Apr 13, 2013 12:30 pm

I was closely following the thread and bit curious about the outcome people are getting into where their "continuous residency would break if you were unemployed and left uk", keeping in mind for Tier 1 General the applicant doesn't always needs to be employed.
Many Thanks

hsmpilr
Junior Member
Posts: 75
Joined: Mon Apr 01, 2013 12:31 pm

Post by hsmpilr » Sat Apr 13, 2013 4:29 pm

Hi All and gurus
I read this policy guidance for caseworkers
It clearly specifies 'evidences' for absences. This is not the same as 'reason' for absences. Evidence for absence comes from our passport which has stamps in it. Am I wrong here ?
May be we are over-analysing ?

Reason is not evidence. Even in the form it says
Evidence of absence due to compelling or compassionate reasons is also required from all of the above
categories, and those applying under the Business person; Self-employed person; Investor; Innovator;
Writer; Composer, and Artist categories.
6.3 What evidence has been provided to support the reasons for all absences from the UK?
I think for people who live in countries where both In and out stamp is stamped, there is no need to submit any letter.

Do we have any instance when a person is *asked* explicitly for employer letter ?

Or am I going mad here ?

hsmpilr
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Posts: 75
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CW mood

Post by hsmpilr » Sun Apr 14, 2013 3:02 pm

http://www.immigrationboards.com/viewto ... 2feb8d0980

Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ?

sheraz_aries
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Posts: 317
Joined: Mon Mar 10, 2008 10:45 pm

Re: CW mood

Post by sheraz_aries » Sun Apr 14, 2013 3:33 pm

hsmpilr wrote:http://www.immigrationboards.com/viewto ... 2feb8d0980

Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ?
the case you mentioned had more then 90 days of absence within 12 months perion [2009 (123 days)].
Many Thanks

sheraz_aries
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Posts: 317
Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 4:18 pm

Is that true that Tier 1 candidate who absence from UK while unemployed have break there continuous period in uk?
Many Thanks

hsmpilr
Junior Member
Posts: 75
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Re: CW mood

Post by hsmpilr » Sun Apr 14, 2013 4:21 pm

sheraz_aries wrote:
hsmpilr wrote:http://www.immigrationboards.com/viewto ... 2feb8d0980

Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ?
the case you mentioned had more then 90 days of absence within 12 months perion [2009 (123 days)].
Agreed. ButI I am not talking about the case here. As per the person there is one more case which was approved despite worse than his. I hate to be at the mercy of CW.
I think postal applications are better in this manner.

hsmpilr
Junior Member
Posts: 75
Joined: Mon Apr 01, 2013 12:31 pm

Post by hsmpilr » Sun Apr 14, 2013 4:28 pm

sheraz_aries wrote:Is that true that Tier 1 candidate who absence from UK while unemployed have break there continuous period in uk?
Yes it seems from the way UKBA has put it. But we are not having a clear information on this. why should Tier1 be dependent on an employer for letter and declarations as-long-has he has proved payslips and bank statements. This does annoys me especially when I am due to apply soon.

sheraz_aries
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Posts: 317
Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 4:51 pm

hsmpilr wrote: Yes it seems from the way UKBA has put it. But we are not having a clear information on this. why should Tier1 be dependent on an employer for letter and declarations as-long-has he has proved payslips and bank statements. This does annoys me especially when I am due to apply soon.
Have you got absences while you were unemployed? How they can put unemployed absences as break of continuous period while Tier 1 General doesn't need to be on employment for whole 5 year period?
Many Thanks

syed_ILR
Member
Posts: 186
Joined: Sun Mar 24, 2013 3:12 am

Re: CW mood

Post by syed_ILR » Sun Apr 14, 2013 5:22 pm

hsmpilr wrote:
sheraz_aries wrote:
hsmpilr wrote:http://www.immigrationboards.com/viewto ... 2feb8d0980

Here the case is decided based on CW mood. This is really bad. Does this mean postal applications are better than PEO ?
the case you mentioned had more then 90 days of absence within 12 months perion [2009 (123 days)].
Agreed. ButI I am not talking about the case here. As per the person there is one more case which was approved despite worse than his. I hate to be at the mercy of CW.
I think postal applications are better in this manner.
@hsmpilr

As someone has already told you that the absences were more than 90 day in this case. As far as I remember the guide lines back then..if the absence was greater than 90 days then it would be the discretion of some senior CW. Obviously each case will be dealt on its own merit.


@hsmpilr..what is your case..why don't you share..

sheraz_aries
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Joined: Mon Mar 10, 2008 10:45 pm

Post by sheraz_aries » Sun Apr 14, 2013 6:04 pm

I been away from uk for around 2 weeks for holiday visits between changing jobs so what sort of evidence do i need provide?
Many Thanks

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